Bennette v Cohen

In *Bennette v Cohen*, the Court of Appeal of New South Wales considered an appeal concerning defamatory statements made by the respondent, Mr Cohen, about the appellant, Mr Bennette. The primary dispute revolved around whether Mr Cohen's statements were protected by qualified privilege.

The court was required to determine whether the occasion on which Mr Cohen made the defamatory statements was one of qualified privilege. This involved assessing whether Mr Cohen had an interest or a duty in making the statements, and whether the recipients of those statements had a reciprocal interest or duty in receiving them. Furthermore, the court had to consider whether the specific defamatory statements made were sufficiently connected to the privileged occasion.

The Court of Appeal found that the occasion was indeed one of qualified privilege, as Mr Cohen had a legitimate interest in making the statements and the audience had a reciprocal interest in receiving them. However, the court concluded that the defamatory statements made by Mr Cohen went beyond the scope of that privilege. The court allowed the appeal, setting aside the previous orders and entering judgment for the appellant, Mr Bennette, in the sum of $15,000. Mr Cohen was ordered to pay Mr Bennette's costs of the proceedings.